Constitutional law expert Alan Dershowitz told Newsmax on Wednesday that "the Democrats are 100% correct in dismissing all the articles of impeachment" against Homeland Security Secretary Alejandro Mayorkas "that don't allege treason, bribery or other high crimes and misdemeanors."
"Remember, these same Republicans supported my argument when I argued for Trump in front of the Senate, saying he wasn't charged with impeachable offenses," Dershowitz said during an appearance on "Wake Up America." "Neither is Mayorkas. They can preserve the perjury charge, but these charges that he failed to obey the law, that he failed to administer the law, they're not constitutionally permissible and the Democrats are 100% right in dismissing every one of the charges that doesn't fit the constitutional criteria for impeachment.
"The Republicans shouldn't be allowed to play politics with this by taking one position when Trump was impeached and an inconsistent position when Mayorkas is impeached," he continued. "If there are any charges that constitute high crimes and misdemeanors, fine, go forward with them, but strike all the charges that don't allege high crimes and misdemeanors. You can't just make up impeachable offenses. It's in the Constitution — treason, bribery or other high crimes and misdemeanors. That doesn't include failing to apply the law, doesn't include maladministration. All of those were rejected by the framers of the Constitution back in the 18th century."
In February, House Republicans voted to impeach Mayorkas for his handling of the illegal immigration crisis at the U.S.-Mexico border, arguing the he "willfully and systematically" refused to enforce existing immigration law. House impeachment managers delivered the two charges to the Senate on Tuesday.
Mayorkas' trial in the Senate could be over before arguments even begin, as Senate Majority Leader Chuck Schumer, D-N.Y., is expected to call votes to dismiss the articles of impeachment after senators are sworn in as jurors at midday Wednesday.
Such a move could scuttle the trial and frustrate GOP senators, who have argued that House prosecutors should be able to present their case against Mayorkas.
The upper chamber's Democrat majority has said that the Republican case against the Biden official doesn't rise to the level of "high crimes and misdemeanors" established as the bar for impeachment in the Constitution, and Schumer likely has enough votes to end the trial immediately, should he choose to.
Schumer has said he wants to "address this issue as expeditiously as possible."
"Impeachment should never be used to settle a policy disagreement," Schumer said. "That would set a horrible precedent for the Congress."
About NEWSMAX TV:
NEWSMAX is the fastest-growing cable news channel in America!
- Find Newsmax channel in your home via cable and satellite systems – More Info Here
- Watch Newsmax+ on your home TV app or smartphone and watch it anywhere! Try it for FREE -- See More Here: NewsmaxPlus.com
Nicole Wells ✉
Nicole Wells, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
© 2024 Newsmax. All rights reserved.